Willard v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Press Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th •day of January, 1900, upon the verdict of a jury for $600, and also from an order entered in said clerk’s office on the 10th day of January, 1900, denying the defendant’s motion for a new trial made; upon the minutes. . ,
1Opinion of the Court
McLaughlin, J. :
This action is brought to recover damages for the publication of a. libel. The plaintiff had a verdict for $600, and from the judgment •entered thereon and from an order denying a motion for a new trial, defendant has appealed. The defendant urges that the judgment should be reversed upon the sole ground that the learned trial court erred in giving the following instruction to the jury : “ And the rule of law in such cases as this is, that where the defendant alleges that "the article is true, and fails to prove (it) is true, to your satisfaction, that you are at liberty, in…
2Cases cited5 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Distin v. . RoseNew York Court of Appeals · 1877
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Bisbey v. . ShawNew York Court of Appeals · 1854
3Cited by8 opinions
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Potter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Kirby v. Pittsburgh Courier Pub. Co.Court of Appeals for the Second Circuit · 1945
- Galino v. Fleischmann Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Kaminsky v. American Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
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